The Department for Energy and Mining (DEM) continues to maintain leading practice regulation of the petroleum, gas storage and transmission, and geothermal energy industries in South Australia through regular reviews of the Petroleum and Geothermal Energy Act 2000 (PGE Act). For this purpose, DEM has commenced a review of the current PGE Act and associated Regulations. This review primarily focuses on enhancing existing provisions that will more effectively and efficiently deliver the objectives and intent of the PGE Act.

The amendments will also expand the scope of the PGE Act to cover pipeline transportation of future fuels such as hydrogen. South Australia's commitments in the Climate Change Action Plan to embrace future fuels, presents a need to ensure that appropriate regulatory frameworks are in place for the safe operation of essential infrastructure for such fuels. In keeping with this extended scope, and to better reflect the existing scope of the PGE Act for petroleum, gas storage and geothermal activities, the review prposes the title of the PGE Act be changed to the Energy Resources Act.

Other key improvements include:

  • Enhancing stakeholder consultation requirements for statement of environmental objectives;
  • Enhancing the rehabilitation and decommissioning security provisions of the Act;
  • Introducing Ministerial determinations, to provide more explicit guidance and tailored legislatve requirements outside the regulations;
  • Adding greater flexibility over licences such as the size of the licence area and strata titling; and
  • Aligning the penalties under the PGE Act with comparative regulations within the state and other jurisdictions.

These proposed amendments will maintain the PGE Act as a modern, efficient an effective regulatory framework for the upstream energy industry delivering outcomes that meet both community and investor expectations.

An Issues Paper is publicly available. A presentation on the Issues Paper is also available.

It is suggested that the Issues Paper be read in conjunction with the current Petroleum and Geothermal Energy Act 2000 and Petroleum and Geothermal Energy Regulations 2013 .

Public submissions on the Issues Paper are now closed.

Issues for consideration


  • 1.1 - Name of the Act
  • 1.2 - Preamble of the Act
  • 1.3 - Review of the Objectives of the Act
  • 1.4 - Introduce the concepts of "Ministerial Determinations"
  • 1.5 - Layout changes
  • 1.6 - Amendments to enable the regulation of further compatible substances
  • 1.7 - Developement Encroachment on Gas Pipelines
  • 1.8 - Extending Local Government Act section 217(4) - Exemption Provision to Transmission Pipelines

  • 2.1 - Amend definition of environment
  • 2.2 - Amend definition of geothermal energy
  • 2.3 - Clarify requirements for activities to be carried out with due care and in accordance with good industry practice
  • 2.4 - Clarify definition of risk
  • 2.5 - Amend definition of transmission pipeline and remove regulation
  • 2.6 - Pipeline Licences over compatible licence areas
  • 2.7 - Pipelines or flowlines originating from interstate
  • 2.8 - Transmission Pipeline to include transportation of regulated substancews regardless of place of production
  • 2.9 - Amend definition of facility
  • 2.10 - Amend description of regulated activities
  • 2.11 - Include definition of control and critical control

  • 3.1 - Strata Titling
  • 3.2 - Term of licences
  • 3.3 - Introduction of Ministerial power to require access to facilities
  • 3.4 - Ensuring payment of debts to the Government
  • 3.5 - Transfer of liability to third party upon licence relinquishment
  • 3.6 - Registrable dealings

  • 4.1 - Environmental Approvals Process
  • 4.2 - Notice of entry for concurrent licence applicants
  • 4.3 - Liaison with appropriate authorities and other relevant stakeholders
  • 4.4 - Liaison with licensees for research purposes

  • 5.1 - Requirements for assessment criteria
  • 5.2 - Reporting obligations imposed by SEOs
  • 5.3 - Requirements for environmental objectives and assessment criteria

  • 6.1 - Requirements for leading perfomance indicators
  • 6.2 - Replace serious incidents with immediately notifiable incidents
  • 6.3 - Revise definition of reportable incidents to include reportable performance indicators

  • 7.1 - Requirement to establish and maintain effective management systems
  • 7.2 - Revise Operator Assessment Factors (Management System Components)
  • 7.3 - Official Surveillance levels and classification of operators

  • 8.1 - Enforcement provisions for breach of SEO conditions
  • 8.2 - Revise powers under Environmental directions
  • 8.3 - Rights of former licensees to enter land to conduct rehabilitation activities
  • 8.4 - Ministerial directions
  • 8.5 - Authorised Officers power
  • 8.6 - Ability to require review orf EIR and SEO at any time
  • 8.7 - Authorised Investigation or expert report costs to be borne by licensee
  • 8.8 - Compliance records
  • 8.9 - Sharing of information and records between co-regulatory Government bodies
  • 8.10 - Maximum penalties for offences

  • 9.1 - Public release of data and reports on licence expiry
  • 9.2 - Fitness-for-purpose provisions
  • 9.3 - Information provided in annual reports
  • 9.4 - Reports an analysis of core or cuttings
  • 9.5 - Commercially sensitive reports

  • 10.1 - Remove the term well "abandonment" and replace with "decommissioning"
  • 10.2 - South Australian Cooper Basin region definition
  • 10.3 - Geophysical data and reports availabe for public inspection
  • 10.4 - Production reports
  • 10.5 - Reservoir fluid analysis reports
  • 10.6 - Fracture stimulation reports
  • 10.7 - Fee for deferment of work program
  • 10.8 - Ambiguity regardiong maximum area of Retention and Production licences
  • 10.9 Maximum mallowable area of Petroleum Retention Licences
  • 10.10 - Ineraction of safety net provisions with tender procesws for the grant of Production Licences
  • 10.11 - Consultation with compatible licensees
  • 10.12 - Declared areas for Special Facilities Licence provisions
  • 10.13 - Include Government Agencies require to be consulted
  • 10.14 - Recognising appointed inspectors under the Work Health and Safety Act
  • 10.15 - Environmental Impact Report requirements
  • 10.16 - Monthly royalty returns
  • 10.17 - Implementation of the Geocentric Datum of Australia 2020 (GDA2020)
  • 10.18 - Final decommissioning activities report
  • 10.19 - Introduction of the requirement to submit relinquishment reports